Text of Section 9 CPC:
“The courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.”

Explanation:

Section 9 of the Code of Civil Procedure (CPC), 1908 grants civil courts the authority to hear and decide all suits of a civil nature, unless expressly barred by law. This means that, by default, any dispute involving private rights and liabilities can be adjudicated by a civil court unless a specific statute excludes its jurisdiction.

Key Points:

1. Broad Jurisdiction – Civil courts can decide all civil disputes unless barred by law.
2. Exclusion by Special Law – If a special law (e.g., DRT Act, RERA, etc.) provides an alternative forum, the civil court’s jurisdiction may be restricted.
3. Declaratory Relief – Matters such as declaring a sale deed or mortgage deed illegal or void fall under civil courts’ jurisdiction.
4. Debt Recovery Tribunal (DRT) Limitation – The Supreme Court has ruled that the DRT cannot declare a mortgage or sale deed illegal; only civil courts can do so under Section 9 CPC.

Judicial Interpretation:

• In Central Bank of India & Anr. vs. Smt. Prabha Jain & Ors., the Supreme Court reaffirmed that DRT cannot adjudicate on the validity of mortgage or sale deeds, as such declarations require civil court intervention.